RulesNews

On 06/22/2010, the Utah Supreme Court reminded state agencies about the rulemaking requirements found in Section 46-4-501.  In Anderson v. Bell, the Court said: The rulemaking requirement is critical; the statute does not authorize government agencies to make informal decisions on what type of transactions cannot be supported by electronic signatures outside of the rulemaking process of Title 63G. Anderson

In 1983, the Federal District Court for the District of Utah addressed, as one of its issues, something related to the open-ended incorporation by reference issue discussed earlier.  In Utah League of Insured Savings Associations v. Utah (555 F.Supp. 664 (D.Utah, 1983)) the court considered instances where  the legislature makes another document the law of the state when it does

H.B. 63 (2008) and H.B. 11 (2009) recodified the statutes that formerly appeared under Title 63. H.B. 78 (2008) recodified the statutes that formerly appeared under Title 78. Each agency is responsible for correcting its rules that reference these statutes. An agency may file a nonsubstantive change to correct each rule affected. Based on the rules in effect on January

Under the provisions of Subsection 63G-3-301(13), when a bill passes that specifically mandates rulemaking (e.g., “agency shall write rules”), the affected agency is required to initiate rulemaking within 180-days of the bill’s effective date. In other words: For bills effective 05/11/2010, corresponding rules must be filed with the Division of Administrative Rules by 11/07/2010. For bills effective 07/01/2010, corresponding rules

eRules is the application that state agencies in Utah use to file administrative rules with the Division of Administrative Rules.  The new version of eRules went live on July 16, 2009, replacing the original application that has been in operation since September 2001.  Rule filers may access the new system by going to http://erules.rules.utah.gov/. eRules v. 2 functions much like

An agency that needs to rules in place by July 1 this year must file those rules with the Division of Administrative Rules by May 1.  Rules filed between April 16 and May 1 at 11:59 PM will be published in the May 15 issue of the Utah State Bulletin.  The minimum public comment period must run through June 15,

During the 2009 General Session, the Legislature is considering the following bills that potentially affect rulemaking. H.B. 32.  Amendments to Agency Rulemaking Regarding Criminal Penalties.  Rep. B. Ferry. After almost four years and four other bills (H.B. 317 (2006), S.B. 138 (2007), H.B. 57 (2008) and H.B. 80 (2008)), H.B. 32 concludes the Administrative Rules Review Committee’s effort to amend

The Division of Administrative Rules has scheduled training for agency rulefilers for 2009. These sessions will focus on the rulemaking process. Morning sessions — 9 to noon — will focus on completing the rule analysis form and five-year review form. Afternoon sessions — 1:30 to 3:30 pm — will focus on preparing rule text. This training will be offered on

At the November 17, 2008, Administrative Rules Review Committee meeting, the committee approved the following amendment to the Rulemaking Act. (13) (a)  As used in this Subsection (13), “initiate rulemaking proceedings” means the filing, for the purposes of publication in accordance with Subsection (4), of an agency’s proposed rule that is required by state statute. (b)  A state agency shall

Section 63G-3-305 requires each agency to review its rules within five years of each rule’s original enactment, and then within five-year intervals. To comply with the review requirement, the agency must submit a “Five-Year Notice of Review and Statement of Continuation” for each of its rules listed below. Otherwise, unreviewed rules will expire, become unenforceable, and will be removed from